Rein v. Robert Metrik Co.

This is an action to rescind a lease entered into by the parties on June 7, 1950, for the demise to the plaintiff of an apartment in a building that the defendant was constructing, the term to commence on October 1, 1950, and to end on March 30,1953. Plaintiff also seeks to recover the sum of $259 paid by him in advance, $74 of which was the first month’s rent and $185 security for the full and faithful performance by the tenant of all the terms, covenants and conditions of the lease upon his part to be performed.

*232The proof shows that the defendant, through its representative, knew that the…